Textbook Notes (368,611)
Canada (162,009)
BUS 393 (52)
Chapter 3

BUS 393 Textbook Notes -Chapter 3

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Business Administration
BUS 393
Shafik Bhalloo

BUS393:CommercialLaw Business Law in Canada –Chapter 3: The Resolu▯on ofDisputes –The Courts and Alterna▯ves to Li▯ga▯on Civil ac▯ons Two private persons use the court as a referee to adjudicate a dispute, and the judge (or judge with a jury) chooses between the two posi▯ons presented Criminal prosecu▯ons A crime is an offense against the state with the vic▯ms as witnesses. The government prosecutes the accused and the judge (or jury) must be convinced beyond a reasonable doubt. The Canadian Court System SuprCanadaurt of Court Martial Appeal Provincial Court of Federal Court of Court Appeal Appeal Provincial/Territorial Superior Courts Federal Court Tax Court of Canada Military Courts Provincial Courts Administrative Administrative Tribunals Tribunals Surrogate or probate courts Specialized courts in some provinces for administra▯on of wills and estates Sentencing circles Used primarily at the provincial level for cases involving aboriginals. The judge is not bound to accept a circle sentence. Courts Administra▯on Service Act Separated two divisions of federal court into the Federal Court (for trials) and the Federal Court of Appeal Supreme Court of Canada 9 appointed judges, strictly an appellate func▯on Limita▯on period Court ac▯on must be taken within a rela▯vely short▯me from the event. Time limita▯on varies depending on jurisdic▯on and nature of complaint. Writ of summons (Only in BC) the plain▯ff issues to commence an ac▯on and the defendant files an appearance with the court clerk if they wish to dispute Statement of claim Sets out the details of the plain▯ff’s allega▯ons. It is filed with the court clerk and served on the defendant. Statement of defense The defendant provides answers to the claims of theplain▯ff, sta▯ng areas of agreement, disputed claims, and contrary allega▯ons. Counterclaim If the defendant believes that they are the real vic▯m, they file a counterclaim Pleadings The documents used to start and defend a lawsuit. The par▯es state their claims and establish the required elements of the legal ac▯on. Once the pleadings have closed, the par▯es have the right to seta date for trial and begin discovery. Discovery 1. Discovery of documents: each part has the right toinspect any document in the possession of the other party that may be used in evidence at thetrial. 2. Examina▯on for discovery: the par▯es (with lawyers)meet the court reporter and answer detailed ques▯ons under oath. Everything is recorded and may be used at trial. Offer to se▯le Either party can make an offer and it ends the ma▯er Affidavit Wri▯en statements ▪ The burden of proof at trial rests with the plain▯ff, so their case and witnesses are presented first. ▪ The
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